SHELBURNE - A Shelburne resident and former environmental consultant has asked Selectboard members, the town manager and its attorneys to address what he says are inaccurate and misleading statements about a recently passed hazardous materials storage ordinance.

In a four-page list of concerns mailed Oct. 3 to town officials, Thomas Murphy writes that the board's claim of a lack of state and federal oversight of hazmat storage is incorrect; and that some board members continue to resist public requests for how and why the ordinance was drafted.

His comments echo concerns voiced by residents at the last three Selectboard meetings.

A 1,000 gallon diesel tank sits at the Shelburne Public Works Department.
Under a new ordinance, the tank would need to be re-classified as "an existing filling station" — or risk an $800-per-day fine.
Photographed Sept. 12, 2017.(Photo: JOEL BANNER BAIRD/FREE PRESS)

The ordinance would levy an $800-per-day fine on violators. It was originally slated to take effect Oct. 8, but a temporary restraining order, issued Sept. 25 by U.S. District Court Judge William K. Sessions III, suspended the enforcement date.

Litigation against the railroad has cost the town more than $300,000 over the course of two years, according to Town Manager Joe Colangelo.

Colangelo, in an email Friday afternoon to Murphy, disputed the resident's claim that he had inaccurately compared Shelburne’s ordinance to one in Winooski that requires transporters of hazardous materials to pay for cleanup of spills.

Furthermore, Colangelo wrote, “I had a very limited involvement in drafting of the ordinance, besides passing information back and forth between those with comments and the Town Attorney.”

Colangelo and Murphy both said they intend to meet early next week to discuss hazmat issues in advance of Tuesday's 7 p.m. Selectboard meeting.

In an email on Saturday, the town manager said he hoped everyone in attendance commits to making it "a positive experience and the start of a community healing process."

Colangelo added: "There is plenty of blame to go around as to why we are where we are."

Murphy said he hoped the board addresses, point by point, his concerns and questions.

"The Selectboard has been doing their homework, but they're not digging deep enough," he said. "I love scrutinizing data."

Contact Joel Banner Baird at 802-660-1843 or joelbaird@freepressmedia.com. Follow him on Twitter @VTgoingUp.